Article 1 These Measures are formulated in order to regulate Internet information service activities and promote the healthy and orderly development of Internet information services.
Article 2 Those who engage in Internet information service activities within the territory of the People’s Republic of China must abide by these Measures. The term “Internet information service” as mentioned in these Measures refers to the service activities of providing information to Internet users through the Internet.
Article 3 Internet information services are divided into two categories: commercial and non-commercial.
Commercial Internet information services refer to the provision of information or web page creation and other service activities to Internet users through the Internet.
Non-commercial Internet information services refer to service activities that provide open and shared information to Internet users for free through the Internet.
Article 4 The state implements a licensing system for commercial Internet information services; and a filing system for non-commercial Internet information services.
Those who have not obtained a license or have not performed the filing procedures shall not engage in Internet information services.
Article 5 Those who engage in Internet information services such as news, publishing, education, medical care, medicines and medical devices and are subject to the examination and approval of the relevant competent authorities in accordance with laws, administrative regulations and relevant state regulations shall, before applying for a business license or performing the filing formalities, It shall be reviewed and approved by the relevant competent authorities in accordance with the law.
Article 6 To engage in commercial Internet information services, in addition to meeting the requirements of the Telecommunications Regulations of the People’s Republic of China, the following conditions shall also be met:
(1) Having a business development plan and relevant technical solutions;
(2) It has sound network and information security measures, including website security measures, information security and confidentiality management systems, and user information security management systems;
(3) If the service item falls within the scope stipulated in Article 5 of these Measures, the document that has obtained the consent of the relevant competent department.
Article 7 Those engaging in commercial Internet information services shall apply to the provincial, autonomous region, or municipality telecommunications management agency or the competent department of information industry under the State Council for a business license for Internet information service value-added telecommunications business (hereinafter referred to as the “operating license”). The telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the competent department of the information industry under the State Council shall complete the examination within 60 days from the date of receipt of the application, and make a decision of approval or disapproval. If it is approved, a business license shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.
After the applicant obtains the business license, it shall go through the registration formalities with the enterprise registration authority with the business license.
Article 8 Those engaging in non-commercial Internet information services shall go through record-filing procedures with the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the competent department of the information industry under the State Council. When filing the filing, the following materials should be submitted:
(1) Basic information of the organizer and the person in charge of the website;
(2) Website address and service items;
(3) If the service item falls within the scope stipulated in Article 5 of these Measures, the consent document of the relevant competent department has been obtained.
The telecommunications management agencies of provinces, autonomous regions and municipalities directly under the Central Government shall record and number if the filing materials are complete.
Article 9 Those who engage in Internet information services and plan to launch electronic bulletin services shall submit a special application or special record in accordance with relevant state regulations when applying for a commercial Internet information service license or filing a non-commercial Internet information service.
Article 10 The telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government and the competent department of the information industry under the State Council shall publish the list of Internet information service providers that have obtained business licenses or have completed record-filing procedures.
Article 11 Internet information service providers shall provide services in accordance with licensed or filed items, and shall not provide services beyond the licensed or filed items. Non-commercial Internet information service providers shall not engage in paid services.
Internet information service providers that change service items, website addresses and other matters shall go through the modification procedures with the original examination, certificate issuance or recordation authority 30 days in advance.
Article 12 An Internet information service provider shall indicate its business license number or filing number in a prominent position on the homepage of its website.
Article 13 Internet information service providers shall provide good services to Internet users, and ensure that the content of the information provided is legal.
Article 14 Internet information service providers engaged in services such as news, publishing, and electronic announcements shall record the content of the information provided and its release time, Internet address or domain name; Internet access service providers shall record the Internet access time of Internet users , user account, Internet address or domain name, calling phone number and other information. The backup records of Internet information service providers and Internet access service providers shall be kept for 60 days, and shall be provided when relevant state organs make inquiries in accordance with the law.
Article 15: Internet information service providers shall not produce, reproduce, publish, or disseminate information containing the following contents:
(1) Those who oppose the basic principles established by the Constitution;
(2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) Damage to national honor and interests;
(4) Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
(5) Undermining the state’s religious policy and promoting cults and feudal superstitions;
(6) Spreading rumors, disturbing social order, and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
(8) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(9) Contains other content prohibited by laws and administrative regulations.
Article 16 If an Internet information service provider finds that the information transmitted by its website obviously belongs to one of the contents listed in Article 15 of these Measures, it shall immediately stop the transmission, keep relevant records, and report to the relevant state organs.
Article 17 When a commercial Internet information service provider applies for listing at home and abroad, or for joint ventures or cooperation with foreign investors, it shall obtain prior approval from the information industry authority of the State Council; among them, the proportion of foreign investment shall comply with the provisions of relevant laws and administrative regulations.
Article 18 The competent department of the information industry of the State Council and the telecommunications management agencies of provinces, autonomous regions and municipalities directly under the Central Government shall supervise and manage Internet information services in accordance with the law. The relevant competent departments such as news, publishing, education, health, drug supervision and management, industry and commerce administration, public security, and national security shall, within the scope of their respective responsibilities, supervise and manage Internet information content in accordance with the law.
Article 19 Anyone who violates the provisions of these Measures by engaging in commercial Internet information services without obtaining a business license, or providing services beyond the permitted items, shall be ordered by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government to make corrections within a time limit. If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, the website shall be ordered to shut down. Those who violate the provisions of these Measures, fail to perform the filing procedures, engage in non-commercial Internet information services without authorization, or provide services beyond the items that have been filed, shall be ordered by the telecommunications management agency of the province, autonomous region or municipality directly under the Central Government to make corrections within a time limit; those who refuse to make corrections shall be ordered to close the website .
Article 20 If the production, reproduction, publication, or dissemination of any information listed in Article 15 of these Measures constitutes a crime, criminal responsibility shall be investigated according to law; The Law of the People’s Republic of China on Administrative Penalties for Public Security, “Administrative Measures for the Security Protection of International Networking of Computer Information Networks” and other relevant laws and administrative regulations shall be punished; for commercial Internet information service providers, the license-issuing authority shall order them to suspend business for rectification or even revoke their business operations. For the non-commercial Internet information service providers, the filing authority shall order the temporary closure of the website until the website is closed.
Article 21 Those who fail to perform the obligations stipulated in Article 14 of these Measures shall be ordered to make corrections by the telecommunications management agency of the province, autonomous region or municipality directly under the Central Government; if the circumstances are serious, it shall be ordered to suspend business for rectification or temporarily close the website.
Article 22 Anyone who violates the provisions of these Measures and fails to indicate their business license number or filing number on the homepage of their website shall be ordered to make corrections by the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed. .
Article 23 Anyone who violates the obligations stipulated in Article 16 of these Measures shall be ordered to make corrections by the telecommunications management agency of the province, autonomous region or municipality directly under the Central Government; if the circumstances are serious, the business license of the business Internet information service provider shall be revoked by the license-issuing authority For non-commercial Internet information service providers, the filing authority shall order to close the website.
Article 24 If Internet information service providers violate other laws and regulations in their business activities, the relevant competent departments of news, publishing, education, health, drug supervision and administration, and industry and commerce administration shall, in accordance with the provisions of relevant laws and regulations penalty.
Article 25 If telecommunications management agencies and other relevant competent departments and their staffs neglect their duties, abuse their powers, practice favoritism, and neglect the supervision and management of Internet information services, causing serious consequences and constituting a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions ranging from demotion, dismissal to dismissal according to law.
Article 26 Those who engaged in Internet information services before the promulgation of these measures shall go through relevant formalities in accordance with the relevant provisions of these measures within 60 days from the date of promulgation of these measures.
Article 27 These Measures shall come into force on the date of promulgation.
Closing
The original Cybersecurity Review Measures is written in Chinese; we translated it into English, which is what you read above. This document only serves the purpose of a quick understanding of the Law; use it at your own risk..
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